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DECREE No

DECREE No. 43/2003/ND-CP OF MAY 2, 2003 DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AQUATIC RESOURCES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of first session of the XIth National Assembly of the Socialist Republic of Vietnam prescribing the list of ministries and ministerial-level agencies of the Government;

Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

At the proposals of the Minister of Aquatic Resources and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Aquatic Resources is an agency of the Government, which performs the function of State management over aquatic resources, including: aquaculture, exploitation, processing, protection and development of aquatic resources in the inland areas and on the sea throughout the country; the State management over public services and acts as representative of the owner of the State capital portion at State-invested enterprises under its management as prescribed by laws.

Article 2.- Tasks and powers

The Ministry of Aquatic Resources shall perform the tasks and powers prescribed in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government and/or the Prime Minister bills, draft ordinances and legal documents of the Government and the Prime Minister on aquatic resources.

2. To submit to the Government and/or the Prime Minister its development strategies and plannings, long-term, five-year and annual plans on aquatic resources and key programs and projects.

3. To promulgate decisions, directives and circulars falling within the scope of its State management.

4. To direct, guide, inspect and take responsibility for the implementation of approved legal documents, strategies, plannings and plans within the scope of its State management; to propagate, disseminate and educate in the legislation on aquatic resources.

5. On aquaculture:

a) To manage and develop aquaculture according to plannings and plans. To prescribe the import and export of aquatic breeds, the breed transportation, domestication, conservation, the selection, creation and recognition of new breeds, and the production of and trading in breeds; to perform the uniform management over breed quality; to form and manage breed systems; and to register national breeds;

b) To perform the uniform management over aquacultural feeds, veterinary drugs as well as assorted supplies, chemicals and bio-preparations used for aquaculture; to coordinate with ministries, branches and localities in controlling the impacts of plant protection drugs and industrial wastes on aquacultural environment according to law provisions.

6. On the exploitation of aquatic resources:

a) To perform the uniform management over activities of exploiting aquatic resources by domestic as well as foreign individuals and means in the inland and sea areas of Vietnam; to direct the exploitation of aquatic resources according to plannings, plans and law provisions on protection and development of aquatic resources;

To manage and decentralize the management of, fishing fields and grounds; to grant and revoke permits for exploitation of aquatic resources according to law provisions;

b) To provide for fishing jobs, means, subjects and seasons;

c) To perform the uniform management over the registration and inspection of fishing gears. To register and expertise the technical safety of equipment subject to strict safety requirements used in the aquatic resources service such as: boilers, pressure cylinders and freezing equipment; to prescribe titles and criteria applicable to fishing ships’ crew members; to register and grant books on fishing ships’ crew members; to grant diplomas to fishing ships’ captains and chief engineer according to law provisions.

7. On the processing of aquatic products:

a) To organize and direct the implementation of plannings and plans on aquatic product-processing industry. To provide for production conditions, technical standards and environmental hygiene for the processing, preservation and transportation of aquatic products. To manage food qualify and safety of exported aquatic products; to coordinate with concerned ministries in promulgating regulations on the management of food quality and safety of imported aquatic products and aquatic products for domestic consumption;

b) To formulate and promulgate quality standards of aquatic products, guide and inspect the implementation thereof according to law provisions.

8. On the protection and development of aquatic resources:

a) To promulgate list of aquatic species need to be protected and regenerated; measures to protect the environment of aquatic ecological systems, conserve gene source as well as aquatic bio-diversity; to coordinate with the Ministry of Natural Resources and Environment and concerned ministries and branches in stipulating measures to protect the environment and water resources related to the habitant environment of aquatic species;

b) To prescribe zones banned from exploitation, zones subject to exploitation restriction and aquatic species banned from import and/or export;

c) To organize surveys on, study, evaluate, manage and protect the sustainable development of aquatic resources, and to manage inland and off-shore conservation zones.

9. On logistical services in the domain of aquatic resources:

a) To manage and develop aquatic engineering and systems of fish ports and wharves under plannings approved by competent authorities;

b) To perform the uniform management over services for activities of exploitation, aquaculture and processing on sea.

10. On commercial activities in the domain of aquatic resources:

a) To coordinate with the concerned ministries in formulating commercial policies in the domain of aquatic resources for submission to the Government and the Prime Minister for decision;

b) To study and develop markets as well as the work of market information, trade promotion, support enterprises engaged in the production of, and trading in, aquatic products in seeking and expanding markets.

11. To organize and direct the implementation of the work of fishery promotion, to guide, disseminate information and transfer techniques and technologies on aquaculture, fishing, processing and protection of aquatic resources and environment of aquatic ecological systems.

12. To coordinate with the ministries, branches and provincial/municipal People’s Committees in organizing and directing the work of flood and storm prevention and combat, search and rescue, marine safety and labor protection in the aquatic resources service; to maintain order, security and defense on the sea.

13. To organize, direct, appraise, expertise, inspect and take responsibility for the efficient implementation of domestic and foreign-invested projects on aquatic resources under its management.

14. To effect international cooperation in the field of aquatic resources according to law provisions.

15. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances within the aquatic resources sector.

16. To decide on specific undertakings and measures and direct the realization of mechanisms for operation of public-service organizations in the aquatic resources sector according to law provisions; to manage and direct the operation of its attached non-business organizations.

17. To perform specific tasks and powers of the representative of the owner of the State capital portions at State-invested enterprises under its management according to law provisions.

18. To perform the State management over operation of private and collective economic organizations, associations and non-government organizations operating in the aquatic resources sector according to law provisions.

19. To examine, inspect and settle complaints and denunciations, to combat corruption and negative acts and handle violations of legislation on aquatic resources according to its competence.

20. To decide and direct the implementation of its administrative reform program according to the objectives and contents of the State’s administrative reform program already approved by the Prime Minister.

21. To manage the organizational apparatus and payroll; to direct the realization of wage policies as well as policies on preferential treatment, commendation, rewards and disciplines towards State officials and employees under its management; to train, foster and build a contingent of State officials and employees of the aquatic resources sector.

22. To manage allocated funding and assets and organize the execution of allocated budgets according to law provisions.

Article 3.- The organizational structure of the Ministry

a) Organizations assisting the Minister in performing the State management functions:

1. The Aquaculture Department;

2. The Department for Private and Collective Economies;

3. The Planning-Finance Department;

4. The Science and Technology Department;

5. The International Cooperation Department;

6. The Legal Department;

7. The Organization and Personnel Department;

8. The Department for Aquatic Resources Exploitation and Protection;

9. The Department for Management of Aquatic Quality, Safety, Hygiene and Veterinary Medicine;

10. The Inspectorate;

11. The Office.

b) Non-business organizations under the Ministry:

1. The Institute for Sea-Product Research;

2. The Institute for Aquatic Economics and Planning;

3. The Institute for Aquaculture Research I;

4. The Institute for Aquaculture Research II;

5. The Institute for Aquaculture Research III;

6. The National Fishery Promotion Center;

7. The Informatics Center;

8. The Aquatic Resources newspaper;

9. The Aquatic Resources magazine.

The Minister of Aquatic Resources shall assume the prime responsibility and coordinate with the Minister of the Interior in formulating and submitting the plan on reorganizing the existing schools to the Prime Minister for approval.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government’s Decree No. 50/CP of June 21, 1994 on the tasks, powers, and organizational apparatus of the Ministry of Aquatic Resources and other regulations contrary to this Decree.

Article 5.- Implementation responsibility

The Minister of Aquatic Resources, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI